Lentz+v.+Morris

Eric Miller  Kristee Glace   **James Jeffrey LENTZ, et al. **  **Supreme Court of Virginia. ** September 23, 1988.
 * v. **
 * Johnny MORRIS **

** Background: ** The sole question presented in this appeal is whether the doctrine of sovereign immunity protects a high school teacher supervising a physical education class from 609*609 a negligence action for damages brought by a student injured while a member of the class. The plaintiff states he was a student and defendant was a teacher of health and physical education at Kellam High School in Virginia Beach. He alleges that he was assigned to a physical education class conducted "under the supervision and in the presence of Defendant." He further asserts that, while participating with the class in activities on school grounds, he and other students were "playing tackle football without wearing any protective equipment," which activity defendant knew or should have known posed danger to the participants. Plaintiff also alleges that as the result of defendant's negligent supervision and control of the physical education activities, he was "tackled with great force and violence" which caused his injuries. The plaintiff sought recovery for personal injuries and medical expenses. ** Decision: ** The defendant, an employee of an immune governmental entity, was charged with simple negligence in the supervision and control of the class to which he was assigned. The facts do not support a charge of either gross negligence or intentional misconduct. In addition, and contrary to the contention of the plaintiff on brief, implicit in the facts alleged is the conclusion that the defendant was acting within the scope of his employment at the time of the injury. A [|//Crabbe v. School Board and Albrite,//][| 209 Va. 356, 164 S.E.2d 639 (1968),]  and [|//Short v. Griffitts,//][|220 Va. 53, 255 S.E.2d 479 (1979),] [|209 Va. at 359,] [|164 S.E.2d at 641] , <span style="color: #0000cc; font-family: 'Arial','sans-serif'; font-size: 10pt;">[|220 Va. at 54,] [|255 S.E.2d at 480,] <span style="font-family: 'Arial','sans-serif'; font-size: 10pt;">, James v. Jane, 221 Va. 43, 53, 282 S.E.2d 864, 869, [|//Messina v. Burden,//]<span style="color: #0000cc; font-family: 'Arial','sans-serif'; font-size: 10pt;">[| 228 Va. 301, 314-16, 321 S.E.2d 657, 664-65 (1984),] <span style="font-family: 'Arial','sans-serif'; font-size: 10pt;"> After considering the before mentioned cases, the case was dismissed. ** Implications: ** <span style="background: white; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: normal; margin: 0in 0in 10pt;">In cases of negligence, the //Messina// test is given to decide immunity. The take home lesson from this case is If school teachers performing functions equivalent to this defendant are to be hauled into court for this type of conduct, fewer individuals will aspire to be teachers, those who have embarked on a teaching career will be reluctant to act, and the orderly administration of the school systems will suffer, all to the detriment of our youth and the public at large. <span style="background: white; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: normal; margin: 0in 0in 10pt;">Quiz question: <span style="background: white; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: normal; margin: 0in 0in 10pt;">What is the name of the test given to determine immunity in cases of teacher neglect? <span style="background: white; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: normal; margin: 0in 0in 10pt;">The Messina Test

<span style="background: white; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: normal; margin: 0in 0in 10pt;">.

**Posted by: Joc'Lene Alston**
 * Supreme Court of Virginia **
 * James Jeffery Lentz, et al. **


 * V. **
 * Johnny Morris **
 * Argued: Sept. 23, 1988 **
 * Background: **

The plaintiff in this case alleges that on Nov. 9, 1984, he was injured while playing tackle football while in physical education class at Kellam High School in Virginia Beach, VA. He claimed that the class was not supervised properly. He also claimed that the instructor knew or should have known that playing tackle football without protective equipment would pose danger to the class participants. The plaintiff filed suit against the defendant seeking recovery for personal injuries and medical expenses.


 * Decision and Rational: **

The Supreme Court of Virginia agreed with the decision of the trial court. They both ruled that the health and physical education teacher was immune from the suit. The defendant, an employee of the school system, was charged with simple negligence, because he failed to supervise or control his class properly, but the defendant acted within the scope of his employment during the time the injury happened.


 * Impact on Teaching: **

Teahers should be aware of all dangers involving children on a day to day basis. Teachers are employees of the school system and are therefore immune to lawsuits such as this one. Still teachers should be aware of dangers and take necessary precautions to insure the safety of all students.

True or False:

All teachers are autimatically immune from being liable in lawsuits involving injury, because the school system is immune to injury suits.